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HomeMy WebLinkAbout06/06/2006 Regular Council Meeting Minutes MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX June 6, 2006 PLACE AND DATE Marana Municipal Complex, June 6, 2006. A. CALL TO ORDER AND ROLL CALL By Mayor Honea at 7:00 p.m. COUNCIL Ed Honea Herb Kai Bob Allen Jim Blake Patti Comerford Tim Escobedo Carol McGorray Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member Present Present Present Present Present Excused Excused STAFF Mike Reuwsaat Gilbert Davidson Jim DeGrood Frank Cassidy Jocelyn Bronson Town Manager Assistant Town Manager Assistant Town Manager Town Attorney Town Clerk Present Present Present Present Present B. PLEDGE OF ALLEGIANCE AND INVOCATIONIMOMENT OF SILENCE Led by Mayor Honea. He also asked that Council Member Escobedo's family be kept in everyone's thoughts, as his father's health is failing. C. APPROVAL OF AGENDA Upon motion by Council Member Comerford, seconded by Vice Mayor Kai, the agenda was unanimously approved with Item 1.3 being moved to J.1 and Item J.1 0 being removed. D. CALL TO THE PUBLIC Anna Janezic, Mountain View High School (MVHS) Grad Night Committee Chair, addressed the Council and said that after her request of a $10,000 donation during the May 17, 2006, Council meeting, Council Member Comerford asked for the number of students that are Marana residents. Ms. Janezic said she is unable to provide a specific number of students, as there are many with Tucson addresses. She said families within MVHS boundaries patronize Marana area businesses, and she can guarantee that the entire donation will be spent at Marana businesses. Police Chief Richard Vidaurri addressed the Council and recognized Officer Kevin Trapp as the new equestrian officer, and Officer Roberto Jimenez for his work with the selection process. E. PRESENTATIONS UPDATES/PRESENTATIONS - Presentation on Dreambuilder Jurisdiction (Barbara Berlin) MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX June 6, 2006 Barbara Berlin, Planning Director introduced Josh Pope, The Planning Center Dream Builder presenter. Mr. Pope addressed the Council and said the Town has purchased the Dream Builder Jurisdiction software to assist staff with the review of residential design standards. Dream Builder Jurisdiction provides a set of 5 tools that are grouped in two categories, Subdivision setup and permit review. The tools will assist the planners on importing and formatting new subdivisions. The permit review tool collects information such as the subdivisions' imported plat, relevant zoning conditions, and building permit data. The software will allow the Town's staff to quickly and consistently review residential design standards unique to each subdivision. Information packets were given to Council. Mike Reuwsaat, Town Manager, addressed the Council and said the software will be an asset to the Town with the implementation ofthe residential design standards. F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Allen said that he attended Congressman Grijalva's luncheon. Mayor Honea said the Optimist Club donated $2,000 to help with the cost for community members that want to swim at the Marana pool, but cannot afford it. G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Reuwsaat reported that his trip to Austin, Texas with TREO was successful. H. STAFF REPORTS GENERAL ORDER OF BUSINESS I. CONSENT AGENDA 1. Resolution No. 2006-68: Relating to Streets; approving a recommendation to name an un-named public easement "Majestic Saguaro Lane" on behalf of Linda Whitney (not a town-maintained roadway) (Keith Brann) 2. Resolution No. 2006-69: Relating to Liquor Licenses; consideration of recommendation to the State Liquor Board for a new No.6 (bar) limited liability company liquor license submitted by Michael Alfred Stilb on behalf of Sportspark, located at 6901 N. Casa Grande Highway (Jocelyn Bronson) 3. Resolution No. 2006-70: Relating to Liquor Licenses; consideration of recommendation to the State Liquor Board for a new No. 11 (hotel/motel) limited liability company liquor license submitted by David Maxwell Landman on behalf of Mira Vista Resort, located at 7501 N. Wade Road (Jocelyn Bronson) Moved to Council Action 4. Resolution No. 2006-71: Relating to Real Estate; authorizing the acquisition by negotiation or condemnation of lands and property rights needed for the Moore MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX June 6, 2006 Road Improvements, Camino de Oeste to Thornydale Road, Town of Marana Project No. 2002-18 (Frank Cassidy) 5. Resolution No. 2006-72: Relating to the Police Department; approving and authorizing the full execution of a Grant Agreement with the Arizona Automobile Theft Authority (Richard Vidaurri) 6. Resolution No. 2006-73: Relating to the Police Department; authorizing application for undercover vehicle registrations (Richard Vidaurri) 7. Minutes of the March 22 and 23, 2006, May 9,2006 and May 17 study sessions, May 17, 2006 Council meeting, and the May 25, 2006 study session. 8. Resolution No. 2006-83: Relating to Administration; authorizing the renewal of an intergovernmental agreement with Pima County for payment of housing municipal prisoners (Jocelyn Bronson) Upon motion by Vice Mayor Kai, seconded by Council Member Blake, the consent agenda was unanimously approved. J. COUNCIL ACTION Resolution No. 2006-70: Relating to Liquor Licenses; consideration of recommendation to the State Liquor Board for a new No. 11 (hotel/motel) limited liability company liquor license submitted by David Maxwell Landman on behalf of Mira Vista Resort, located at 7501 N. Wade Road (Jocelyn Bronson) Mr. Reuwsaat addressed the Council and said Resolution No. 2006-70 is a request for a hotel/motel limited liability company liquor license submitted by David Maxwell Landman, for the Mira Vista Resort. Grady Catlet, neighbor of Mira Vista Resort, addressed the Council and said he has no objection to the request for a liquor license, but he does have an objection to the outdoor use permission because it leads to loud and boisterous partying. He also expressed concerns with R-19-l-2l4, Prohibited Acts and R-19-l-3ll, Patio Outdoor Use Permission in the Arizona Administrative Code. Mr. Reuwsaat suggested that the Council continue with the staff recommendation, noting Mr. Catlet's concerns. Upon motion by Council Member Comerford, seconded by Council Member Blake, staff was unanimously directed to forward Resolution No. 2006-70 to the State Liquor Board with a recommendation for approval with protests included. 1. Resolution No. 2006-74: Relating to Budget; approval of the Fiscal 2006-07 Tentative Budget (Roy Cuaron) Roy Cuaron, Finance Director, addressed the Council and presented a tentative budget of $128,043,810 for the 2007 fiscal year. Upon adoption of the final budget, the spending limit can not exceed the amount adopted. MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX June 6, 2006 Upon motion by Vice Mayor Kai, seconded by Council Member Comerford, Resolution No. 2006-74 was unanimously approved. Mr. Reuwsaat stated that the final budget adoption will be on June 20, 2006, along with the CFD budgets in a special meeting. 2. Ordinance No. 2006.13: Relating to the Privilege License Tax; amending the Town Tax Code by repealing Marana Ordinance No. 2004.16 and thereby decreasing the tax rate on certain activities by one-half cent; and declaring an emergency (Frank Cassidy) Frank Cassidy, Town Attorney, addressed the Council and said that Ordinance No. 2006.13 will repeal the half-cent sales tax for regional roadways. He is working on the removal of the sales tax to become effective as soon as the Regional Transportation Authority sales tax goes into effect. Upon motion by Council Member Allen, seconded by Council Member Blake, Ordinance No. 2006.13 was unanimously approved. 3. Ordinance No. 2006.14: Relating to Administration; revising positions appointed by the Town Manager; adding the Deputy Town Manager position; revising the Assistant Town Manager position to grant the Manager flexibility in appointing and identifying assistants; updating certain position titles to conform to current nomenclature and functions; adding the positions of Special Projects Administrator and Assistant to the Town Manager; amending town code sections 3-1-1, 3-1-2, 3-1- 3, 3-2-1 and 3-2-8; deleting section 3-2-4; adding new town code section 3-2-2; renumbering existing town code sections 3-2-2 and 3-2-3 as sections 3-2-3 and 3-2-4 respectively and amending section 3-2-4 as so renumbered; adding sections 3-2-9 and 3-2-10; and declaring an emergency (Frank Cassidy) Mr. Reuwsaat addressed the Council and said Ordinance No. 2006.14 establishes new positions for a Deputy Town Manager, a Special Projects Administrator, and Assistant to the Town Manager. It revises the Town Code relating to administration. Upon motion by Council Member Blake, seconded by Council Member Allen, Ordinance No. 2006.14 was unanimously approved. 4. Resolution No. 2006-75: Resolution of the Mayor and Common Council of the Town of Marana, Arizona, (1) declaring its intention to improve, and adopting preliminary plans and an engineer's estimate for the improvement of, certain streets, rights-of-way and easements within the corporate limits of the Town by the construction of travel lanes for Tangerine Road and Tangerine Farms Road from Interstate Ten to Moore Road as a four-lane divided roadway along with streets to connect Tangerine Road to the Interstate Ten frontage road and related intersection improvements, adjuncts and appurtenances, all as shown on such preliminary plans; (2) designating such improvements as for "Town of Marana, Arizona Tangerine Farms Road Improvement District"; (3) determining that improvement bonds will be issued to represent the costs and expenses thereof; (4) declaring such improvements to be of more than a local or ordinary public benefit and that the costs thereof be assessed upon such district; (5) providing that such improvements be performed under the provisions of title 48, chapter 4, article 2, Arizona Revised MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX June 6, 2006 Statutes, and all amendments thereto and (6) fixing the time and place for hearing of all protests with respect to such improvements and objections to the extent of such district (Jim DeGrood) Jim DeGrood, Assistant Town Manager, addressed the Council and said Resolution No. 2006-75 has three successive items that relate to the Tangerine Farms Road Improvement District, which are necessary to commence construction in the fourth quarter 2006. The project consists of developing a 3.8-mile four-lane divided roadway that will run from the Tangerine Interchange to Moore Road. It is a Resolution of Intention, which establishes the spending limit, the boundaries, adopts preliminary plans, establishes a cost estimate, and establishes a public hearing date. Upon passage of this resolution, consultants will post the project information and give the opportunity to protest. A public hearing is proposed for July 18,2006. The estimated cost is $29.63 million. Mr. Reuwsaat publicly thanked the Council for moving forward with the project and thanked staff for their hard work. Upon motion by Vice Mayor Kai, seconded by Council Member Blake, Resolution No. 2006-75 was unanimously approved. 5. Resolution No. 2006-76: Relating to Real Estate; accepting dedication of lands and property rights needed for Project No. 2004-36, Tangerine Farms Road Improvement District; and declaring an emergency (Jim DeGrood) Mr. DeGrood thanked the five property owners for participating in the Improvement District, and said the Town will receive rights-of-way dedications from Gladden Forest Projects, and Westcor. Upon motion by Council Member Comerford, seconded by Council Member Blake, Resolution No. 2006-76 was unanimously approved. 6. Resolution No. 2006-77: Relating to Transportation; authorizing the execution of intergovernmental agreement with the Arizona Department of Transportation for the signalization of the Tangerine Interchange (Jim DeGrood) Mr. DeGrood said Resolution No. 2006-77 is an intergovernmental agreement with the Arizona Department of Transportation (ADOT) to authorize improvements at the Tangerine Interchange, including signals on both sides of the interchange and roadway improvements. ADOT has agreed to reimburse the Town for the cost of one traffic signal, excluding the cost of the emergency vehicle preemption equipment. Council Member Allen asked if there are plans to widen the underpass. Mr. DeGrood answered that the R T A does include funding for improvements to the structures at the Tangerine Interchange. Upon motion by Council Member Blake, seconded by Council Member Allen, Resolution No. 2006-77 was unanimously approved. Mr. Reuwsaat thanked Granite, Forrest Cities, Cottonwood Properties, and Westcor for their cooperation with the project. 7. Resolution No. 2006-78: Relating to Water Service; approving and authorizing the execution of the Memorandum of Understanding between the Flowing Wells MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX June 6, 2006 Irrigation District, the Town of Marana, the Metropolitan Domestic Water Improvement District, and the Town of Oro Valley to cooperate in the development of a northwest regional water system to treat and deliver renewable water resources (Brad DeSpain) Brad DeSpain, Utilities Director, addressed the Council and said Resolution No. 2006-78 approves a Memorandum of Understanding to further the efforts to develop and plan for a reliable storage and delivery system for renewable water resources. Vice Mayor Kai asked if anyone else can join the Memorandum of Understanding. Mr. DeSpain said that other entities were given the opportunity, but chose not to participate. Upon motion by Vice Mayor Kai, seconded by Council Member Blake, Resolution No. 2006-78 was unanimously approved. 8. Ordinance No. 2006.15: Relating to Municipal Court; authorizing the Marana town magistrate to serve as the town code civil violations hearing officer; establishing Marana municipal court procedures to hear and determine civil violations of the town code; authorizing the appointment of additional town code civil violations hearing officers; modifying town code section 5-2-3 entitled 'hearing officers'; adding chapter 5-7 entitled 'civil town code violations'; and providing an effective date (Frank Cassidy) Mr. Cassidy addressed the Council and said this item was brought before the Council at the May 9, 2006, Council Study Session. The only change since then is eliminating the minimum fines and jail times. He said there is litigation with the City of Tucson in which they were required to pay attorney fees when they lost a civil enforcement case. Upon motion by Council Member Allen, seconded by Council Member Blake, Ordinance No. 2006.15 was unanimously approved. 9. Resolution No. 2006-79: Relating to Development; approving and authorizing a preliminary plat for Saguaro Ranch Phase II (Barbara Berlin) Ms. Berlin addressed the Council and said the Saguaro Ranch Phase II preliminary plat is a re-subdivision of lots 50 and 51. Upon motion by Council Member Comerford, seconded by Vice Mayor Kai, Resolution No. 2006-79 was unanimously approved. 10. Resolution No. 2006 80: Relating to Development; approving and authorizing a development plan f{)r Ritz Carlton Resort at Dove Mountain (Barbara Berlin) Removed from the agenda. 11. Ordinance No. 2006.16: Relating to Building; adopting by reference the Arizona State Plumbing Code, the 1997 Uniform Fire Code with amendments, and the 2003 Marana Outdoor Lighting Code; removing reference to certain no longer applicable codes; clarifying building code application, enforcement and appeals procedures; readopting the solar energy utilization and water conservation credit program; adding special construction site requirements relating to sewer waste MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX June 6, 2006 disposal, sanitation and trash; making conforming corrections; amending Marana town code title 7 by revising sections 7-1-2, 7-1-4, 7-1-5, 7-1-6, 7-2-1 and 7-5-2; readopting and revising chapter 7-4; deleting section 7-5-1 relating to location of gasoline pumps; adding section 7-5-2; and providing an effective date (Frank Cassidy) Mr. Cassidy said Ordinance No. 2006.16 is a clean-up of the Town Code. It also reestablishes the solar credit. Upon motion by Vice Mayor Kai, seconded by Council Member Allen, Ordinance No. 2006.16 was unanimously approved. 12. Resolution No. 2006-81: Relating to Building; declaring the Arizona State Plumbing Code, the 1997 Uniform Fire code, and the 2003 Marana Outdoor Lighting Code as public records filed with the Town Clerk; and declaring an emergency (Frank Cassidy) Mr. Cassidy said Resolution No. 2006-81 will allow the adoption of Ordinance No. 2006.16 without the requirement to publish the entire document. Upon motion by Council Member Blake, seconded by Council Member Allen, Resolution No. 2006-81, declaring an emergency, was unanimously approved. 13. Ordinance No. 2006.17: Relating to Building; revising the building code by adding Appendix K entitled "Assisted Living Facilities," allowing state-licensed adult care homes to house non-ambulatory residents and imposing certain building safety requirements on adult care homes (Jack Holden) Jack Holden, Building Official, addressed the Council and said Ordinance No. 2006.17 will correct a disconnect between the Building Code and State Regulations pertaining to adult care facilities, which will ensure that people will not have to move out of their adult care facility once they become non-ambulatory. Upon motion by Council Member Blake, seconded by Council Member Allen, Ordinance 2006.17 was unanimously approved. 14. Resolution No. 2006-84: Relating to Development; approving and authorizing the execution of a development agreement with First American Title Company, as Trustee under Trust 9182, regarding the Sonoran Preserve on the Bajada development project (Frank Cassidy) Mr. Cassidy said Resolution No. 2006-84 authorizes the execution of a development agreement relating to the Sonoran Preserve on the Bajada, which is located at the comer of Camino de Oeste and Moore Road. This agreement is a voluntary down-zoning from R-8 Residential and VC Village Commercial in exchange for approval of a 29-10t subdivision with regulations on the amount of disturbance. The developer is agreeing to limit their development, in exchange, the Town will give them vested rights for seven years. Upon motion by Council Member Comerford, seconded by Council Member Blake, Resolution No. 2006-84 was unanimously approved. MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX June 6, 2006 15. Resolution No. 2006-85: Relating to Development; approving and authorizing a preliminary plat for Sonoran Preserve on the Bajada, Lots 1-29 (Barbara Berlin) Ms. Berlin addressed the Council and said the Sonoran Preserve on the Bajada project was rezoned from Large Lot Zoning to R-8 Residential and VC Village Commercial in 1997, and is now being rezoned as a 29-10t single family residential subdivision. Upon motion by Council Member Comerford, seconded by Council Member Blake, Resolution No. 2006-85 was unanimously approved. K. ITEMS FOR DISCUSSION/POSSIBLE ACTION 1. State Lee:islative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature (Mike Reuwsaat) Mr. Reuwsaat said protection of revenue sharing funds is the most significant issue the Town faces in legislature. L. BOARDS. COMMISSIONS AND COMMITTEES 1. Resolution No. 2006-82: Relating to Boards, Commissions and Committees; approving the appointment of Ed McCauley to the Marana Public Safety Personnel Retirement Board (Mike Reuwsaat) Mr. Reuwsaat asked the Council to appoint Ed McCauley to the Marana Public Safety Personnel Retirement Board. Upon motion by Vice Mayor Kai, seconded by Council Member Allen, Resolution No. 2006-82 was unanimously approved. M. EXECUTIVE SESSIONS. 1. Executive Session. Pursuant to A.R.S. ~38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. N. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX June 6, 2006 O. ADJOURNMENT Upon motion by Council Member Comerford, seconded by Council Member Blake, the Council voted unanimously to adjourn. The time was 7:50 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on June 6, 2006. I further certify that a quorum was present. ~",'n"",~ ~_...OFM ~ ,*~""~\\\"rr'",'1~ ~ ~O ~ ~~ ~ ::" S CORPORATe \. ~ ~ .. :: ~ :s,. - - = = - - 0::; SEAL ;: - ;;~ ~;:: ~ ~ , ~ ~ "'9::llIm'\\~ ~ ~ '7'/Z 191 '~~ ~lllliU'\\~